Bullying and exclusion - Urgent help needed

[Cynicalism]

I'm currently undergoing a 3rd disciplinary hearing at a firm that won't be named.

I have 3 specific grievances that I'd like to file because I know at the hearing they
will decide either on a final warning or termination. The goal is to negotiate paid suspension
after resigning and a pay out of all holiday pay plus maybe some extra compensation.


1) The day on signing my contract I was under duress due to bullying. I had until the end
of the day to sign but due to pressure I signed it in the afternoon after comments were made
.I was concerned due to the fact that my legal name was misspelt. I addressed this concern after
signing and also revealing I hadn't read the contract prior to this.

2) The second disciplinary hearing was conducted in a conference room where it wasn't
private nor confidential so other members of staff heard the entire thing which involved
intimate details of my personal life. ( I have proof from the line manager admitting it wasn't suitable place for this )

3)After the third disciplinary hearing where I corrected my line managers misrepresentation
and lack of consideration. I was excluded from meetings and he and the other lead named every single team
members contribution to the rest of the wider department except me. I'm the only non-white
member of staff on our team.. Is there a case for racial discrimination based on this?

It's currently my 11th month there so I'd like to file these in response to the decision of the hearing
to perhaps get a mediation/settlement because the second hearing has lead to passive aggressive
bullying and I've developed anxiety due to this.

Also one of the manager wants to use the transcripts from the second meeting where my
privacy was violated during the upcoming 3rd hearing. My accompanying party would have
been a family member and she wouldn't like to revisit that period for her own mental health.

Any help with this would be appreciated.

[Cynicalism]

The second hearing wasn't a hearing - it was an investigation.

[ULA]

In response to the 3 points you set out which I presume are your grievances I would reply as follows:

1. This is hardly a grievance as I am sorry to say this is down to you. If you did not take the time to review and fully understand your contract of employment before signing it you cannot blame your employer for this. Even if you felt they were putting pressure on you then you should have responded back requesting a reasonable time to review and get back to them. In addition raising a grievance on this 11 months after the event would potentially be too far back to be considered.

2. When did this second investigatory meeting take place?

3.Again when did the third disciplinary meeting take place and did you appeal the disciplinary outcome?

[Cynicalism]

In response to the 3 points you set out which I presume are your grievances I would reply as follows:

1. This is hardly a grievance as I am sorry to say this is down to you. If you did not take the time to review and fully understand your contract of employment before signing it you cannot blame your employer for this. Even if you felt they were putting pressure on you then you should have responded back requesting a reasonable time to review and get back to them. In addition raising a grievance on this 11 months after the event would potentially be too far back to be considered.

2. When did this second investigatory meeting take place?

3.Again when did the third disciplinary meeting take place and did you appeal the disciplinary outcome?

1) Fair enough. I've accepted that.

2) This one happened on the 03 of March but company policy states a grievance should be filed within a month.
However one manager admitted it wasn't an appropriate place to conduct the investigation.

3) That hearing is occurring tomorrow - I will appeal the decision based on discrimination though.
Just uncertain which type though ?

[theberenger]

Having read my way through your thread to this point Cynicalism (sic?), I see that you hope to demonstrate discrimination, and racial discrimination at that, as the motivation for you being treated in a way that you perceive to be bullying.

Two things spring to mind; the first is that you haven't, so far as I have seen, told us why you are under investigation in the first place, and secondly, during or after your investigation meeting, you appear to have challenged your boss on his "misrepresentation and lack of consideration". Might it be possible that either one or both of these things could be the reason people are reluctant to work with you?

I'm a million miles from an employment law authority, but I would suggest demonstrating racial discrimination is a reasonably high bar to meet, even if you do only need to demonstrate "on the balance of probabilities" that it happened. How would you propose to show a tribunal judge that what you're experiencing is racially motivated?

[ULA]

Following up on the two remaining points:

2. If this incident happened in early March and we are now 3 months on, even if your company did not have a time given in the grievance policy I would say that it is a bit late to be raising this now.

3. Until you know the outcome of the disciplinary to is a bit premature to say you are going to appeal. No further disciplinary action may be taken. If you do decide to appeal it will have to be on the basis of the outcome and the reasons for the disciplinary action being taken.

[Cynicalism]

Following up on the two remaining points:

2. If this incident happened in early March and we are now 3 months on, even if your company did not have a time given in the grievance policy I would say that it is a bit late to be raising this now.

3. Until you know the outcome of the disciplinary to is a bit premature to say you are going to appeal. No further disciplinary action may be taken. If you do decide to appeal it will have to be on the basis of the outcome and the reasons for the disciplinary action being taken.

2) I'm aware of this - however I have proof of line manager citing the environment was unsafe for the next hearing.

3) Also we had to change rooms due to how unsafe it was. They had a full conversation for 5 minutes and it was audible prior
to the hearing to members of the head office. I read a statement and tied each point to company policy. The end result was a final warning which will drop 10 days after I approve the transcripts and amendments and send my statement. I can only contest it on failing to protect statutory rights for 5 minutes. The discrimination happened on 04/05 so it's probably too late to file a grievance and use in the appeal against the final warning correct ?